Terms and Conditions

  /  Terms and Conditions
  1. General

 

1.1 Welcome to the website of ÉSOPHY, www.esophychocolates.com (hereinafter also referred to as the “website”). ÉSOPHY is a chocolate production company, that produces chocolate products inspired from the Mediterranean and the website www.esophychocolate.com and is addressed to anyone who would like to visit its pages and use its services. The owner of this Website is the company under the name “ESOPHY IKE”, based at 10, Agiou Trifonos street, Kifisia, 14562 Greece, Tax Registration Number: 801000638, Tax Office: Kifisia, (hereinafter referred to as “ÉSOPHY”, “we”, “us”), which is also the Website administrator.

1.2. Access to this website and to the products and services offered through this website (hereinafter referred to as the “Services”), the use of these as well as the execution of transactions are subject to these terms, conditions and notes (hereinafter referred to as the “Terms and Conditions”). By browsing the Website and using the Services and/or proceeding to transactions of Products, you consent to the current Terms and Conditions in their entirety, as well as to their occasional updates, which govern the relationship between yourself and us. In case of disagreement or reservation on your part regarding part or all of the present terms you can contact us through the section “Contact us”, before browsing or using the Services, or you may even send us a letter in our address. Otherwise the acceptance of all terms by you is unconditional.

1.3. You should visit this page regularly to check for any changes made to the Terms and Conditions. Our company reserves the right to amend, update or upgrade at any time, without prior notice to the user/consumer/visitor/member/buyer (hereinafter collectively referred to as “the user”) of ÉSOPHY (as a whole or on an either/or basis): a) part or the whole of these terms of use, b) part or the whole of ÉSOPHY’S content and c) part or the whole of the exterior appearance (interface), the structure or composition (configuration) of ÉSOPHY and its technical specifications, as well as limiting access to the entire website or part of it and/or part of it becoming available by subscription. The company also reserves the right at all times, without justification and without prior notice to ÉSOPHY’S user to cancel, suspend or terminate ÉSOPHY’S operation. Access to this website is allowed under the present terms and conditions and we reserve the right to remove or change the Services without prior notice.

1.4. This Website also contains links to other websites, which are not operated by ÉSOPHY (the “Linked sites”). ÉSOPHY has no control over the Linked Sites, and does not guarantee the timeliness, accuracy, legality, completeness or quality of their content and accepts no responsibility for them or for any loss or damage that may be caused by their use. Your use of the Linked Sites will be subject to the terms and conditions applicable to each website.

1.5. In case you wish, you can register in our list in order to receive our newsletters.

 

  1. Description of transactions and Services

2.1. ÉSOPHY’S online store displays, promotes and resells the products that produces on her own or of suppliers with whom it collaborates. The term supplier is used as defined in L. 2251/1994 on consumer protection, as well as each producer/packer, importer/distributor, as defined in specific legislative provisions (hereinafter referred to as “suppliers” in short). The company reserves the right to select freely the products that it displays on its website and to modify, update and/or withdraw these at any time and without prior notice.

2.2. In addition, ÉSOPHY’S website features food preparation recommendations to which all users have access exclusively for domestic use. The website content are intended exclusively for consumers who are above the age of eighteen (18). The result of the execution of these recommendations cannot be guaranteed, even if all steps are followed according to the instructions given by us. The consumer is solely responsible for the result or any problem that may arise whilst preparing a recommendation. In short, each recommendation is provided “as is”. The additional information about each product must always be taken in serious consideration, whether it refers to storage, consumption, cooking, or any other possible use of such product, as well as to the properties of the devices and other tools used for the execution of the recipes.

 

  1. Prohibitions when accessing and using the Website

3.1 You shall not misuse this Website; you shall not hinder or interfere in any way with the operation of the website or replace or modify its content. You shall not commit or encourage a criminal offense, transmit or distribute viruses, trojans, worms, logic bombs, or post any other malicious or technologically harmful material and you shall not commit any actions that can lead to unacceptable or extensive damage to the infrastructure or operation of the website. Furthermore, you shall not use the website in breach of confidence or in any offensive or obscene way.

3.2. In addition, you shall not hack into any aspect of the Services, corrupt data, cause annoyance to other users, violate any other person’s proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as “spam”, or attempt to influence the performance or functionality of any facilities of or accessed through this Website. Any breach of this provision shall constitute a criminal offense under Greek legislation. ÉSOPHY will report any such breach coming to its attention to the relevant law enforcement authorities and will disclose your identity to them under the conditions of the law.

3.3. You may connect to our website under the terms of articles 4.4. and 9 with your own means and via companies and providers of your choice.

 

  1. Intellectual Property, Software and Content

 4.1. The website www.esophychocolates.gr is the official website of ÉSOPHY. The intellectual property rights of all the software and content you access on or through this website remains the property of ÉSOPHY or its licensors and are protected by international copyright laws and treaties on intellectual property rights. All such rights are reserved by ÉSOPHY and its licensors.

4.2. Under no circumstances should the display and view of the website’s content be construed as a transfer and/or cession of authorization and/or its right of use to anyone. You may store, print and view the available content solely for personal use. You may not publish, handle, distribute, copy in whole or in part, transfer, alter, store, re-publish, modify or otherwise reproduce, in any format, any part of the content or copies of the content provided to you or featuring on this Website, nor may you use any such content in relation to any business or commercial activity without ÉSOPHY’S written permission. In addition, you may not modify, translate, reverse engineer, rebuild or create derivative works using any software or accompanying documentation offered by ÉSOPHY or its licensors. Moreover, you are not granted any license or consent to use ÉSOPHY’S trademarks in any way, and you consent not to use such trademarks or any trademarks which are similar in colour, without ÉSOPHY’S written permission.

4.3. We do not claim or guarantee the accuracy or reliability of any of the information or content regarding any goods or services, software or advertisements contained on, distributed through, received by or linked and accessed through this website.

 

  1. Website access license

 5.1.Users are hereby granted a limited license to access and make personal use of this Website, but not to download or modify it, or any part of it, except with ÉSOPHY’S express written permission. This license does not allow for any resale or commercial use of this website or its content, any collection and use of any product listings, descriptions, or prices, any derivative use of this Website or its content, any downloading or copying of account information to the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

5.2. It is prohibited to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this website or any part of it for any commercial purpose, without our express written permission. We have exclusive rights to the domain name of our firm and all brands represented on our site are rightfully subject to lawful protection.

5.3. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including videos, images, text, page layout, or form) of the website of ÉSOPHY and its affiliates without our written permission. You may not use any “meta tags” or any other “hidden text” based on names or trademarks of ÉSOPHY or its affiliates without our express written consent. In case of unauthorized use, the license granted by ÉSOPHY is terminated.

5.4. You may not use any logo or other proprietary graphic or trademark of ÉSOPHY, or open source code or part of the link without our prior written consent.

 

  1. Terms of phone orders

 6.1 By placing a telephone order with your initiative upon your call you agree to purchase a product according to the following:

i) Your calls, as we inform you at the beginning of each telephone communication, are being recorded for safety reasons but also for reasons that serve the proper completion of your orders.

ii) You may pay for your order by credit card or by cash on delivery, only within Greece or upon picking up the products from our store after having paid for your order on the spot.

iii) The user accepts that the order confirmation which will be recorded during the telephone communication is full proof of the total order and its pricing and that it complies with the terms and conditions of your written briefing, notification, order confirmation, so far as is required by law. In case of any problem during the execution of your order, we will contact you at any time by telephone at the telephone numbers you have indicated.

 

  1. Pricing

7.1. ÉSOPHY’S users consent to the company maintaining the general right to change freely its pricing policy. The customers during their phone ordering may be informed for the current prices.

7.2. The Services may contain typographical errors or other errors or inaccuracies and may not be complete or updated to the last detail. We therefore reserve the right to make corrections to any errors, inaccuracies or omissions and to change or update information on the website at any time without prior notice.

 

  1. Delivery/shipping of products

 8.1. Our company offers alternative ways of receipt and delivery of products for your convenience. When you place your phone order, you are asked to choose how you wish to receive or how you want us to send you the products you have ordered. Depending on the way you have selected, the total final cost of your order is calculated. This cost will be used for the payment of your order and will be included in the order confirmation. In addition, during your phone order we will inform you about the delivery time of you order. We cannot guarantee neither the arrival time nor the exact delivery time of the ordered goods. Our company is not accountable for any delays caused by force majeure or unexpected events or events beyond its control. In the event of delay our company will make every possible effort to contact you.

8.2. Please note that in case of collection from our store, or in case of account deposit as well as in the case of cash on delivery, our company retains ownership of the purchased goods until full and complete payment of the purchase price.

8.3. In case you wish your order to be dispatched to an indicated delivery address by a partner transportation company, our company is responsible for the proper delivery of your order to the carrier, and, from that point on, the liability lies with the buyer subject to article 524 AK. The transportation cost is defined by the pricing policy of each transportation company, which is solely responsible for shipping charges and which may alter the relevant prices at any time. ÉSOPHY is not liable for any such pricing change.

 

  1. Disclaimer of liability

 9.1. The content of this Website (regarding the listed products and offered services) is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, ESOPHY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity law, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or in connection to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. In addition,

9.2. Our company cannot be held liable for any loss or damage that may be caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your hardware, software, data or other proprietary material due to the use of this Website or the download of any material posted on this or any other website linked to it.

9.3. The company and its partners make every possible effort, in the context of the technical control they carry out at regular intervals, to ensure that there is seamless and uninterrupted access to ÉSOPHY’S services, content and transactions while maintaining the company’s high safety level. However, the company cannot be held liable if for any reason, including negligence, the operation of ÉSOPHY is interrupted or hindered and/or it is not possible to access it and/or if, despite the applied security measures, “viruses” or other malicious software are identified and transmitted to the terminals of users/visitors or if unauthorized third parties intervene in any way in the content and operation of the website hindering its use, causing problems to its proper functioning or stealing data related to users’ personal information. Furthermore, we cannot be held liable in case of interruption to the access to our website for reasons beyond our sphere of influence, as well as due to technical or other network failure, force majeure or unexpected events.

 

  1. Linking to this Website

 You may link to our home page, provided you do so in a fair and legal way, without damaging our reputation or taking advantage of it, but you must not establish a link in a way implying any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that you do not own. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without prior notice.

 

  1. Variation

 ÉSOPHY shall, at its own absolute discretion, at any time and without notice, have the right to modify, remove or change the Services and/or any page of this Website.

 

  1. Invalidity

 If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Use will not be affected; all other clauses shall remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be taken into account separately to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted so as to closely resemble the original meaning of the clause /sub-clause as is permitted by law.

 

  1. Communication

13.1 We always appreciate your feedback or other suggestions about our Website & ÉSOPHY, but you understand that our use of them does not imply any obligation to compensate you for them (just as you have no obligation to offer them). By submitting any material to us, you consent to its use by ÉSOPHY in accordance with these Terms of Use. If you do not want to grant ÉSOPHY the permission set out above on these terms, please do not submit or share any material on the Website or ÉSOPHY, otherwise we assume that you have accepted our Terms and Conditions.

13.2. By visiting the Website or sending us e-mails, you are communicating with us electronically. Our forms of communication with you are by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you with electronically meet any legal requirement that such communications be in writing.

We use a complaints handling procedure with a view to try to resolve any disputes that may arise. Should you have any complaints or comments, please contact us through the Contact us section.

 

  1. Social media

The Website provides you with the option to interact with social media networks, i.e. Facebook, Instagram, Twitter, Google+, Pinterest and other. These features may enable access and/or signing in to your social media accounts. We do not control those social media services and your profiles on those services, and we cannot change your privacy settings on those services or establish rules about how your personal information on those services will be treated. Only you and the social media service providers may control those issues, not ÉSOPHY. We recommend you read all policies and information on the respective social media services to learn more about their privacy policies before using any such features made available to you on our Website. We are not responsible for any acts or omissions by any social media service provider or your use of features included in their platform.

 

  1. Waiver

 To the extent permitted, we hereby exclude liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the Website or the data featured on it, including, without limitation to, direct, indirect, incidental, or consequential losses, or damages, whether arising from the following indicative issues, loss of profits, loss of revenue, loss of data, loss of use or otherwise, and whether or not the possibility of such loss has been notified to ÉSOPHY. The foregoing will apply whether such claims, losses or damages arise in tort, contract, negligence, under statute or otherwise. However, when using our Services, your statutory rights are not affected. Always bear in mind that our site is provided “as is”. As a result, access to it is made at the entire risk of the visitor-user.

 

  1. Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of Greece and the European Union (EU). You agree, as we do, to submit to the exclusive jurisdiction of the courts of the city of Athens in Greece, Europe.

 

  1. Entire Agreement

 17.1 The above Terms and Conditions and the Privacy Policy constitute the entire agreement of the parties (the company and the users) and supersede any and all preceding and current agreements between you and ÉSOPHY.

17.2. If any provision of the contract is held to be abusive or is void, this does not affect the other terms of the contract, which shall remain valid and binding to the parties.

17.3 Any delay in exercising some or all of the rights by the parties under these terms does not imply the weakening or waiver of this right, which may be exercised at any time at a later stage and in the beneficiary’s reasonable discretion.

 

  1. Ethical Sourcing Policy

 A reputable and trusted business, ÉSOPHY is committed to offering its customers high quality products, while feeling obliged to ensure that is operating ethically and provides consistently a safe and healthy environment for their employees to work in, respecting fundamental human rights. provide complies with their national employment laws and regulations especially as regards:

  • Minimum age of employment
  • Freely chosen employment
  • Health and safety
  • Freedom of association and the right to collective bargaining
  • Not discrimination
  • Not harsh or inhumane treatment
  • Working hours
  • Rates of pay
  • Terms of employment

Due to the complexity of some of our suppliers’ supply chains, it is not always possible to monitor and control the conditions under which each individual participates in the production of our products. However, as ÉSOPHY continues to grow, we recognize the importance of being proactive and doing everything within our power to protect the rights of those involved in the production of the goods we are offering. ÉSOPHY cannot be held liable for any unethical behaviour on the part of its suppliers.